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What would happen in a scenario where a notice of claim has been issued to Coppen Estates and 2 months has passed without response from them, a subsequent reminder letter was issued including the original notice of claim and again no response from Coppen Estates after 2 months, both were sent recorded delivery and so there is no doubt about them being received. It has been 4 months since the notice of claim was issued, I have tried to phone them many times and it is either engaged or no one answers. Our solicitor is due to issue another reminder but surely it can’t go on like this until they decide to respond. Has anyone had this scenario with Coppen before when issuing a notice of claim?

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What would happen in a scenario where a notice of claim has been issued to Coppen Estates and 2 months has passed without response from them, a subsequent reminder letter was issued including the original notice of claim and again no response from Coppen Estates after 2 months, both were sent recorded delivery and so there is no doubt about them being received. It has been 4 months since the notice of claim was issued, I have tried to phone them many times and it is either engaged or no one answers. Our solicitor is due to issue another reminder but surely it can’t go on like this until they decide to respond. Has anyone had this scenario with Coppen before when issuing a notice of claim?

Jeffrey (or your own solicitor) may be able to give the correct legal opinion but I think there's little you can do except threaten them with court.

"If the landlord wishes to serve a “notice in reply”, he should do so within two months of the date of service of the notice of tenant’s claim. The surprising fact is that failure to serve a reply does not prevent the landlord from negotiating over valuation, nor challenging the validity of the tenant’s notice, although there could be costs consequences for non-service if the matter goes to court. Also, if he does not serve a notice he cannot later challenge the extent of the premises he wishes to be included, or excluded, from the claim."

...

If the tenant’s claim is not admitted (either in the notice in reply or by non-service of a reply) he will have to apply to the County Court (and not the Appropriate Tribunal) to assert his right."

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Thanks for the information I just wondered how a Chartered Surveyor would be able to get a response from Coppen when they don’t reply to a notice of claim.

I appreciate legal proceedings may be high cost but surely there is some way to take Coppen to court in attempt to reclaim these costs. The leasehold advisory service have advised that the landlord should not introduce unnecessary costs into the process and they clearly are.

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Thanks for the information I just wondered how a Chartered Surveyor would be able to get a response from Coppen when they don’t reply to a notice of claim.

I appreciate legal proceedings may be high cost but surely there is some way to take Coppen to court in attempt to reclaim these costs. The leasehold advisory service have advised that the landlord should not introduce unnecessary costs into the process and they clearly are.

Coppen does negotiate (after a fashion) with Chartered Surveyors but not usually with anyone else.

The leaseholder ['tenant', T] can make application to the First Tier Tribunal (ex-LVT) against the reversioner ['landlord', L].

The FTT has jurisdiction to determine:

a. the price to be paid by T to L;

b. the conveyancing fees of L; and

c. the valuation fee of L.

T is liable, under the Notice of Claim, for items b and c.

Note: the FTT cannot make either party pay the other's fees for going to the FTT or being represented there, no matter who wins/loses.